Schermerhorn v. Noble
Court for the Trial of Impeachments and Correction of Errors
There were thirty-one other causes in favor of the same plaintiff against different defendants, and the attorneys are the same in each.
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There were thirty-one other causes in favor of the same plaintiff against different defendants, and the attorneys are the same in each. A motion was made for judgment as in case of nonsuit, grounded on one affidavit, and a notice in which the titles of all the causes are included. .The motion was granted with leave to the plaintiff to stipulate on payment of the costs of the motion, and the question then arose whether the defendants were entitled to $10 costs in each suit, or to only one bill of $10.
1Opinion of the Court
By the Court, Jewett, J.
There is no ground under the practice for a long time well settled to entitle the defendant’s attorney to more than $10 costs in all the causes. .These motions were in fact, as it was proper that they should have been, consolidated; the same person is plaintiff in each cause, and although the defendants are different, the attorneys in each cause are the same; the motion made in each is upon the same grounds, 'and is supported by the same facts. The defendant’s attorney has lost nothing by consolidating the motions, for if- they had been sustained by a set of papers in…
2Cases cited2 opinions
- Jerome v. BoeramNew York Supreme Court · 1828
- Jackson ex dem. Burnett v. KellerNew York Supreme Court · 1820
3Cited by7 opinions
- McCoun v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1872
- McCoun v. New York Central & Hudson River RailroadNew York Court of Appeals · 1872
- Ferrett v. AtwillU.S. Circuit Court for the District of Southern New York · 1846
- Colver v. Van ValenNew York Supreme Court · 1851
- People ex rel. Ward v. AstenNew York Court of Common Pleas · 1875
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